Domestic abusers barred from cross-examining in court

In the year ending March 2020, the Office for National Statistics (ONS), announced an estimated 2.3 million adults aged 16 to 74 years experienced domestic abuse in the past year (1.6 million women and 757,000 men).

From 21 July 2022, domestic abusers will no longer be allowed to cross-examine their victims in the civil and family courts. 

Instead, legal professionals will be conducting cross-examination in domestic abuse cases. The ban will only be applied in cases where there is specified evidence of domestic abuse between the parties or where certain injunctions are in place, such as a conviction or protective injunction. A recent press release by the government announced this measure is part of a landmark reform to the Domestic Abuse Act.

Justice Minister, Tom Pursglove MP, stated, “Going to court about family issues can be a traumatic experience, so victims of domestic abuse shouldn’t face the extra torment of being cross-examined by their abuser…this is already banned in criminal trials and from today it will be banned in family and civil courts too, to protect victims, ease the stress and make sure they get a fair hearing.”

Prior to the new measure, concerns were raised about perpetrators using the cross-examination process to extend their abuse, causing further, unnecessary trauma and stress to the victim. The introduction of this new measure is part of a government effort to spare victims the trauma of their abuser questioning them in the courts and ensure victims are better supported.

The government announced it intends to implement special measures, including placing screens and having separate entrances to minimise stress for the victim and to help witnesses give the best possible evidence whilst in court.

Whether the new measure has significantly improved the process for domestic abuse victims in the family and civil courts, remains to be seen.

If you would like to discuss anything within this blog or require advice on your current situation, please contact our specialist family lawyers here Family Solicitors Family Lawyers Basildon, Chelmsford, Colchester (birkettlong.co.uk)

Olivia Dominiczak, Work Experience Student